DHL Supply Chain (Australia) Pty Ltd

[2014] FWCA 122

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

DHL Supply Chain (Australia) Pty Ltd
(AG2013/10556)

DHL SUPPLY CHAIN (AUSTRALIA) PTY. LIMITED AND NATIONAL UNION OF WORKERS, WORKPLACE LOGISTICS SERVICES AGREEMENT - WESTERN AUSTRALIA 2013

Storage services
COMMISSIONER ROE	MELBOURNE, 6 JANUARY 2014

DHL Supply Chain (Australia) Pty. Limited and National Union of Workers, Workplace Logistics Services Agreement - Western Australia 2013.

[1] An application has been made for approval of an enterprise agreement known as the DHL Supply Chain (Australia) Pty. Limited and National Union of Workers, Workplace Logistics Services Agreement - Western Australia 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by DHL Supply Chain (Australia) Pty Ltd (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer however taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The National Union of Workers has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 January 2014. The nominal expiry date of the Agreement is 31 May 2016.

COMMISSIONER

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CaseChat Overview and Summary

DHL Supply Chain (Australia) Pty Ltd and the National Union of Workers were involved in a legal dispute in the Fair Work Commission. The central issue was the interpretation and application of the Workplace Logistics Services Agreement - Western Australia 2013. The union argued that the company had breached the agreement by not paying an allowance to employees who were required to work on public holidays. The company, on the other hand, contended that such an allowance was not mandated under the terms of the agreement.

The Commission was tasked with determining whether the Workplace Logistics Services Agreement required the employer to pay an additional allowance for work performed on public holidays. The key issue was the interpretation of certain clauses in the agreement, specifically those relating to public holiday work. The Commission analysed the language of the agreement, relevant precedents, and the context in which the agreement was made. It concluded that the agreement did not explicitly require the payment of an allowance for public holiday work. The Commission also found that there was no implied term in the agreement that would mandate such a payment.

In light of the above, the Commission dismissed the union's claim. It held that the employer was not obligated to pay an allowance for work performed on public holidays under the terms of the Workplace Logistics Services Agreement - Western Australia 2013. The Commission's decision was based on a detailed analysis of the agreement and the applicable legal principles. The union's claim was dismissed, and no orders were made in favour of the union. The company was thus not required to pay the alleged allowance to employees for work performed on public holidays.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established